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ABI Journal

Rochellel's Daily Wire

February 05, 2025

‘Evergreen’ Retainers Are Ok Only in ‘Exceptional’ Sub V Cases, Judge Gunn Says

Washington, D.C.’s Judge Gunn describes the procedures to employ for approval and operation of an ‘evergreen’ retainer in chapter 11.

D.C. Circuit

September 28, 2023

An FTC Suit Under the Sherman and FTC Acts Wasn’t Subject to the Automatic Stay

The ‘police and regulatory’ exception to the automatic stay applies when the FTC is only seeking injunctive and equitable relief, the D.C. Circuit says.

D.C. Circuit, District of Columbia

August 18, 2023

State Law Requiring Exhaustion of Administrative Remedies Won’t Divest Jurisdiction

Neither a contract nor state law requiring exhaustion of administrative remedies can divest the bankruptcy court of ‘core’ jurisdiction, even after plan confirmation.

D.C. Circuit

January 27, 2023

Malicious Prosecution Can Mean a Nondischargeable Debt in Chapter 13

Bankruptcy Judge Gunn from D.C. sides with the majority to hold that “personal injury” does not require physical injury but may include reputational harm.

D.C. Circuit

July 07, 2022

May a Judge Revoke a Small Business Designation under Subchapter V of Chapter 11?

Bankruptcy Judge Gunn found the power to revoke a small business designation and proceed under ‘traditional’ chapter11 in lieu of dismissing or converting to chapter 7.

D.C. Circuit

September 30, 2021

A Claim Objection Can Head Off Election of a Permanent Chapter 7 Trustee

A creditor can’t elect a trustee to pick its adversary in a lawsuit, Bankruptcy Judge Gunn says.

D.C. Circuit

June 15, 2020

D.C. Circuit Has Strict Rules for Constitutional Standing in FDCPA Suits

An FDCPA suit raises the question of whether Spokeo will be applied to bankruptcy cases.

D.C. Circuit

February 19, 2020

District of Columbia Rejects the Jewel Doctrine, Joining California and New York

Lawyers leaving a bankrupt firm are not required to pay over profits on hourly matters they take to their new firms.

D.C. Circuit

April 03, 2019

Courts Divided on Venue for Small-Dollar Avoidance Actions

Judges Pappas and Teel permit avoidance actions for small amounts to be prosecuted in the debtors’ bankruptcy courts.

D.C. Circuit

June 27, 2018

New Bankruptcy Rule 3007(b) Alters Applicability of Res Judicata

When objecting to claims, new Rule 3007(b) means debtors are not required to assert counterclaims that would be adversary proceedings.

D.C. Circuit